Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,869 Articles
Justice for Trans-border Torture Requires Rethinking the International Criminal Court’s Jurisdiction in the Israel-Palestine Conflict
Recognizing the transnational nature of these alleged crimes, the ICC could potentially bridge the artificial divide between Gaza and Israel.
After Immunity: The Path Forward for the January 6th Case
TABLE OF CONTENTS I. Introduction II. The Supreme Court’s Immunity Framework III. Applying the Court’s Immunity Decision to the Indictment 1. Undisputed Unofficial Conduct…
Train Wreck at Guantánamo
Leading expert on military justice analyzes the extraordinary turn of events in on again, off again plea deals in 9/11 military commissions cases, and what should happen next.
Israel’s ‘War on Terror’ and the Legal and Security Imperative to Comply with International Law
Israel should embrace a more targeted counterterrorism strategy that complies with international law and facilitates greater security.
AI’s Potential to Advance Human Rights? Striking the Right Balance
The risks of AI are well-known, but devoting more effort to understanding its benefits towards human rights will help harness its potential.
Toward an International Register of Damage for the Occupation of Palestinian Territory
The International Court of Justice’s Advisory Opinion on the Legal Consequences of the Policies and Practices of Israel in the Occupied Palestinian Territory, finding Israel’s…
Civil Society, Under Threat Worldwide, Needs a General Comment on the Right to Freedom of Association
Civil society and its allies need tools to push back against rising threats worldwide, and the U.N. Human Rights Committee can furnish an important one: a General Comment on the…
Making Russia Pay to Strengthen Ukraine
Collective countermeasures are the effective legal mechanism for Ukraine to restore some balance vis-à-vis Russia.
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
Dept of Justice Promises to Declassify Standard Operating Procedure for Coordinating with Social Media Platforms
Department of Justice set to release declassified Standard Operating Procedure for coordinating with social media platforms on foreign malign influence and First Amendment.
The Chiquita Verdict Expands International Human Rights Liability for Corporate Conduct Abroad
A recent verdict may have substantial ramifications for the future of international human rights litigation in U.S. Courts.